Public Liability Claims in QLD: Compensation and Time Limits
If you’ve been injured through someone else’s negligence in Queensland, whether in a public space or on someone’s private property, you may be able to make a public liability claim. Here we explain the law that applies, who can make a claim, what the claims process involves and how long you have to make a claim.
What Is a Public Liability Claim?
In plain language, a public liability claim is when you claim compensation from someone who was negligent towards you. The term public liability is used because most injuries that lead to claims occur in public places, however, the same laws apply to injury claims on private property. The key question is always the same: did someone owe you a duty of care, did they breach it, and did that breach cause your injury?
THE LAW THAT APPLIES TO PUBLIC LIABILITY CLAIMS
In Queensland Public Liability Claims are Civil Claims in Negligence. They are governed by the Civil Liability Act 2003 (Qld). The Procedural aspects of how a claim is made is governed by the Personal Injuries Proceedings Act 2002 (Qld).
For a successful claim, a claimant will need to prove on the balance of probabilities that the defendant owed them a duty of care, breached that duty and that the breach caused the claimant to suffer a compensable injury or loss.
Most claims are managed through a defined pre-court process set out in the Personal Injuries Proceedings Act 2002 (QLD) (PIPA) as opposed to full court proceedings. Generally speaking, the insurer of the party at fault will deal with your claim on their behalf.
Duty of Care and What Negligence Means
The concept of duty of care sits at the heart of every public liability claim. Not every accident gives rise to a claim. There must be a legal relationship between you and the party you are claiming against that creates an obligation on them to take reasonable care for your safety.
An occupier of premises (owning property, renting property or running a business from a property) owes that duty to visitors. An event organiser owes a duty to event attendees. Councils owe members of the public a duty in relation to public infrastructure. The duty varies depending on the relationship but the obligation is the same, to take reasonable care not to cause injury.
What counts as a duty of care breach?
A breach occurs when the party responsible fails to meet the standard of care that a reasonable person in their position would have exercised. This is assessed objectively. The question is not whether the responsible party tried their best, but whether a reasonable person with their responsibilities would have taken the precautions that were not taken.
So, for example, a supermarket is expected to take reasonable care to ensure their floors are safe for customers. A reasonable person would inspect the supermarket to ensure no hazards are present. They would put up warning signs when a floor is wet after mopping.
For a council, it means maintaining footpaths and addressing reported hazards within a reasonable period. For a private property owner, it means not leaving a known hazard unaddressed.
THE REQUIREMENT OF CAUSATION
A breach alone does not create liability. The breach must have caused your injury. If you slipped on a wet floor without a warning sign but would have slipped regardless because your shoes were unsuitable for any surface, the causation link may be broken. Both breach and causation must be proven.
The Three Elements of a Every Public Liability Claim
| ELEMENT 1: You Sustained an Injury | ELEMENT 2: Negligence Occurred | ELEMENT 3: You Suffered Loss |
|---|---|---|
| You must have sustained a physical or psychological injury. The injury needs to be documented by a medical practitioner. Simple upset or embarrassment is not enough unless it causes a diagnosable psychological condition. | Another party must have owed you a duty of care, breached that duty, and that breach must have caused your injury. All three elements of duty, breach, and causation are required. | Your injury must have caused you to suffer a loss. This can be economic loss such as medical expenses and lost income, or non-economic loss such as pain and suffering and loss of enjoyment of life. |
Types of Accidents That Can Give Rise to a Public Liability Claim
The below list is not exhaustive. If you were injured because of somebody else’s negligence you might be able to make a claim regardless of how the accident is categorised. What matters is the negligence and the relationship that created a duty of care, not the category the accident falls into.
In shops, supermarkets, commercial premises
- Slips on wet floors where there was no or inadequate warning sign
- Trips caused by uneven flooring, damaged tiles, or poorly maintained surfaces
- Injuries from falling merchandise or inadequately secured shelving
- Failure to provide adequate safety rails or barriers
- Injuries in car parks attached to commercial premises
In public spaces and on public infrastructure
- Falls on damaged, cracked, or poorly maintained footpaths and public walkways
- Injuries from poorly maintained playground equipment in public parks
- Injuries caused by hazards in public areas that a council or government body failed to address within a reasonable time after being notified
- Injuries from defective public infrastructure such as broken street fixtures or malfunctioning equipment
At events and sporting facilities
- Injuries at concerts, festivals, or public events due to inadequate safety measures, crowd management failures, or faulty equipment
- Injuries at sporting facilities or gyms caused by poorly maintained equipment or unsafe conditions
- Injuries during organised activities where the organiser failed to provide a safe environment
On private property
- Injuries sustained at a private residence due to a hazard the property owner knew about and failed to address or warn visitors about
- Injuries in residential rental properties caused by the landlord’s failure to maintain the property in a safe condition
- Dog bites occurring on private property or in a public area where the owner failed to control the animal
Other scenarios
- Injuries from food poisoning at restaurants or catered events where improper food handling caused contamination
- School accidents caused by the school’s failure to supervise adequately or maintain safe premises
- Injuries from defective products (product liability claims have specific rules and may involve the manufacturer, distributor, or retailer separately)
- Injuries in swimming pools, water parks, or aquatic facilities where safety obligations were not met
WHAT IS NOT COVERED
Public liability does not cover workplace injuries, which are handled under workers compensation and the WorkCover scheme, or motor vehicle accident injuries, which are handled through compulsory third party (CTP) insurance. If your injury happened while driving or at work, a different claims pathway applies. In some situations both a WorkCover and a public liability claim may be available, such as where a third party’s negligence caused an injury while you were working. Get specific advice in these situations.
Who Pays Out in a Public Liability Claim?
| Where the accident happened | Who is typically responsible | Insurance type |
|---|---|---|
| Shop, supermarket, or retail premises | The business operating the premises | Business public liability insurance |
| Public footpath, road, or park | The relevant local government or state authority responsible for maintenance | Government public liability insurance |
| Private residence | The property owner or occupier | Home insurance with public liability coverage |
| Concert, festival, or public event | The event organiser | Event public liability insurance |
| School or educational facility | The school or education authority | Public liability or government insurance |
| Rental property | The landlord, where failure to maintain caused the hazard | Landlord or property management insurance |
| Dog bite on public or private property | The dog owner | Home contents or personal public liability insurance |
If the responsible party’s insurance does not cover the claim, or if the responsible party has no insurance, the claim may still proceed against the individual or entity directly. The practical difficulty of recovering compensation from an uninsured party is a separate question from whether a valid claim exists.
What You Can Claim
If a claim succeeds, compensation covers the losses you have suffered as a result of the injury. Queensland’s Civil Liability Act 2003 sets limits on some heads of damage, including non-economic loss, but the range of compensable losses is broad.
ECONOMIC LOSS
- Medical expenses, past and future
- Hospital and surgical costs
- Rehabilitation and therapy costs
- Pharmaceutical expenses related to the injury
- Lost income from time off work
- Future loss of earning capacity
- Costs of care and assistance, whether paid or provided by family members
- Home modification costs for serious injuries
NON-ECONOMIC LOSS
- Pain and suffering
- Loss of enjoyment of life
- Psychological harm arising from the injury
- Loss of amenity (inability to participate in activities you previously enjoyed)
- Disfigurement or permanent scarring
NON-ECONOMIC LOSS: USE OF THE ISV TABLES
In Queensland, compensation for pain, suffering and loss of enjoyment of life is called general damages. General damages are assessed under the Civil Liability Act 2003 (Qld) by assigning the injury an Injury Scale Value (ISV) from the tables in the Civil Liability Regulation 2025 (Qld). The ISV reflects the seriousness of the injury, including symptoms, treatment, prognosis and impact on quality of life, and is then used to calculate the amount payable for general damages.
Get in touch with our team
If you would like information about public liability claims and personal injury law and how it operates in Queensland, you can contact our office. Our team practises exclusively in this area.
How Do Public Liability Claims Work?
The Civil Liability Act 2003 and Personal Injuries Proceedings Act 2002 (QLD) (collectively referred to as PIPA) outline a compulsory pre-court procedure for personal injury claims in Queensland. Court proceedings cannot be started until this process has been finalised. The majority of claims are resolved during this process without the need for any court involvement.
1. Document the incident and seek medical attention
Report the incident to the owner, occupier, or manager of the premises immediately. Obtain their name and contact details. Take photographs of the hazard, the scene, and your injuries where possible. Collect contact details from any witnesses. Seek medical attention and tell your doctor the injury occurred in a public place accident. Retain all receipts, referral letters and medical records from this point forward.
It is critical to document the scene of the accident as soon as possible. CCTV will be overwritten, incident reports discarded and witnesses forget details over time. Prompt action allows you to capture this evidence.
2. Serve a Notice of Claim on the respondent
The formal claim begins by serving a Notice of Claim on the person or entity you are claiming against. Under PIPA, this notice must generally be given within nine months of the date of injury. The notice sets out the circumstances of the accident, the injuries sustained, and the nature of the losses claimed.
If nine months have passed since the injury, a notice can still be given in some circumstances, but the delay must be justified and the respondent must not be prejudiced by the delay. Get specific advice if you are close to or past this limit.
3. Respondent investigates and responds
Once the notice is served, the respondent has one month to acknowledge receipt and investigate the claim. They will assess their liability position, review any available CCTV footage, inspect the site, and obtain statements from their staff. Their insurer typically manages this process.
4. Exchange of evidence and medical reports
Both parties will exchange medical reports and expert evidence, as well as documentation relating to financial losses suffered by the claimant. As part of this process, you will be required to attend an independent medical examination arranged by the respondent’s insurer. You will be required to provide evidence of the losses you claim to have suffered. This includes medical records and expert reports as well as payslips and tax returns if you are claiming for loss of income.
5. Settlement negotiations and compulsory conference
If the respondent agrees that they are liable, then the parties negotiate what amount will be paid in settlement of the claim. As a prerequisite to starting court proceedings, the parties must attend a compulsory conference which is a structured negotiation that takes place in the presence of the parties and their lawyers. The majority of public liability claims are settled at this stage.
6. Settlement or court proceedings
If a settlement is reached, both parties sign a deed of release and the compensation is paid. A settlement is generally final. If no settlement is reached, court proceedings can be commenced. Most public liability litigation is heard in the District Court or Supreme Court of Queensland depending on the amount claimed.
Settlements cannot normally be reopened after they are executed. Accepting a settlement before the full extent of your injury is known carries the risk of undercompensation. Medical advice on prognosis should inform the timing of any settlement.
If the claim settles, the parties will sign a deed of release and payment of the compensation is made. A settlement is generally conclusive. If there is no settlement, court proceedings are issued. Most public liability cases are heard in the District Court or Supreme Court of Queensland. The court will depend on the amount of the claim.
Settlements generally cannot be reopened once executed. The risk of accepting a settlement too early is that you may be inadequately compensated if you do not know the full extent of your injuries. Medical prognosis should be considered before settling a claim.
Time Limits
| Action | Time Limit |
|---|---|
| Serve a Notice of Claim on the respondent | Within 9 months of the date of injury, or 1 month of first consulting a lawyer (whichever is earlier) |
| Commence court proceedings | 3 years from the date of injury (standard limitation period under the Limitations of Actions Act 1974 (QLD) |
| Claims by children | The 3-year limitation period generally runs from when the child turns 18. Special rules apply. Seek advice early. |
| Claims where symptoms develop gradually | The limitation period may start from the date of discoverability, meaning when you knew or ought to have known you had an injury and that it may have been caused by someone else’s negligence. Seek specific advice if your injuries took some time to appear. |
THE 9-MONTH NOTICE DEADLINE
Nine months can pass very quickly, especially if you are still recovering from your injuries and focussed on your medical treatment. Also, the notice clock starts on the date of injury, not the date you first contact a lawyer. If you are considering making a public liability claim, it is important to get advice about the time limits early.
If You Were Partly at Fault
Queensland operates a contributory negligence framework. If you contributed to the incident or your injury through your own failure to take reasonable care, your compensation is reduced by the degree to which you were at fault. Being partly at fault does not prevent a claim, but it does affect the amount recovered.
For example, if a court finds that you were 25 per cent at fault for an accident and the total value of your claim is $100,000, you would receive $75,000. The reduction reflects your share of responsibility rather than eliminating the claim entirely.
In cases where a claimant’s conduct was particularly reckless, the Civil Liability Act 2003 (QLD) allows contributory negligence to be assessed at up to 100 per cent, which would extinguish the claim. This outcome is reserved for serious misconduct, not ordinary inattention.
PRACTICAL NOTE ON CONTRIBUTORY NEGLIGENCE
Insurers often attempt to argue contributory negligence as a matter of negotiation where their client was only marginally, if at all, at fault for the circumstances leading to injury. Insurers are entitled to advocate for their clients but arguments that a claimant was partly responsible for their own injuries should be judged against the actual facts and the legal tests applicable rather than simply accepted.
Frequently Asked Questions About Public Liability Claims
Potentially yes, but the outcome depends on whether the supermarket breached its duty of care. The relevant questions are whether the floor was wet without adequate warning, how long the hazard had existed before the accident, and whether a reasonable inspection regime was in place. A supermarket that placed a warning sign and regularly checked the area is in a different position to a supermarket that left a spill for several hours. The particular circumstances of each slip and fall matter will determine liability.
Local councils owe a duty of care in relation to public infrastructure they maintain. However, they also have specific protections under the Civil Liability Act 2003 (QLD) and are not automatically liable for every footpath defect. The key question is whether the council knew or ought to have known about the hazard and had a reasonable opportunity to address it. Claims against councils also have specific notice requirements that may differ from standard public liability notice rules. If the footpath defect had been reported and not repaired, or was obvious and long-standing, the claim position is generally stronger.
Yes. In Queensland you can claim for psychological injuries in public liability matters. The psychological injury must be a medically recognised condition which is caused or materially contributed to by the accident and negligence of the defendant. Conditions such as anxiety disorders, depression, and PTSD are all examples of psychological injuries that can be claimed. However, the non-economic loss threshold in the Civil Liability Act 2003 (QLD) will apply to psychological injuries as much as it does physical injuries.
A public liability insurance policy covers incidents that occurred during the policy period, even if the business has since ceased operations. If a valid policy was in place at the time of the accident, a claim can be made against that policy regardless of the business’s current status. The insurer remains liable under the terms of the policy. Identifying the relevant insurer and confirming coverage may require some investigation, but it is often possible.
Yes. Many injuries, particularly soft tissue injuries and psychological conditions, do not present immediately after an accident. Seek medical attention as soon as symptoms appear and document the connection between the accident and your condition. The limitation period typically runs from the date of the accident rather than from when symptoms appeared, so the formal clock starts ticking from the incident date even if you did not realise at the time that you had been injured. If you are uncertain whether you are within the relevant time limits, get advice promptly.
Homeowners have a duty of care to visitors on their property. If you were injured at a friend’s house because of a hazard they knew about (or should have known about), then you may be able to make a claim against them. Most private homeowners have home and contents insurance policies which provide public liability cover. In most cases where a claim is made against a private friend, a claim would be made against their insurance policy rather than suing your friend personally. There are legal issues and personal issues to be considered when making a claim against a friend. These should be discussed with a lawyer.
Questions about public liability claims?
Best Injury Lawyers practises exclusively in personal injury law across Queensland, including public liability matters. If you would like information about how the law applies to your situation, contact our office. Our team can explain the relevant legal framework and what the process would look like for your circumstances.
